What Happens at Crown Court? A Step-by-Step Guide

Anyone facing a Crown Court matter, or supporting a family member through one, wants the same thing: a clear picture of what happens, in what order, and what their solicitor is doing at each stage.

Crown Courts hear the most serious criminal cases in England and Wales, and the process can feel opaque from the outside. This guide walks through every stage from the first hearing to sentencing, and answers the practical questions defendants and their families ask most often.

Key takeaways: The Crown Court hears the most serious criminal cases, including indictable-only offences and the most serious either-way offences. Your first appearance is the Plea and Trial Preparation Hearing (PTPH), where you enter your plea. A trial is decided by a jury of 12; the judge decides the law and passes sentence. A guilty plea entered at the right stage can reduce a sentence by up to one-third.

You have the right to legal representation throughout, and legal aid may be available depending on your means and the seriousness of the case.

The Crown Court explained, and which cases it hears

The Crown Court deals with serious criminal matters across England and Wales. There are over 70 Crown Court centres, including the Central Criminal Court at the Old Bailey. Cases are heard by Circuit Judges, Recorders, or, for the most serious matters, High Court Judges, sitting with a jury of 12 when a contested trial is held.

Three categories of cases end up at the Crown Court:

• Indictable-only offences, which can only be tried at the Crown Court. These include murder, manslaughter, rape, robbery, and other serious offences.
• Either-way offences, where a case is deemed too serious for the Magistrates’ Court’s sentencing powers, or the defendant exercises their right to elect a jury trial. Examples include Section 20 GBH, Theft, Burglary, ABH, larger fraud and money laundering matters, indecent imagery offences, and serious drug supply.
• Sentence-only matters and appeals, including cases sent up from the Magistrates' Court for sentence and appeals against conviction or sentence from the Magistrates' Court.

If you have been charged with a serious offence, your case will start at the Magistrates' Court before being sent to the Crown Court for plea, trial, or sentence.

What happens at the Plea and Trial Preparation Hearing (PTPH)

The Plea and Trial Preparation Hearing, or PTPH, is your first appearance at the Crown Court. The court clerk reads the indictment (the formal list of charges) and asks you to plead guilty or not guilty to each count. This is called an arraignment.

If you plead not guilty, the judge sets a trial date or, more often, places the case on the warned list (see below). The court will give directions on disclosure, witnesses, expert evidence, and any preliminary legal arguments to be resolved before trial.

If you plead guilty, the judge can sentence you on the day or, more commonly, adjourn for a pre-sentence report.

If you plead guilty to some charges and not others, the prosecution decides whether to accept your pleas or proceed to trial on the remaining charges. Your barrister will negotiate a basis of plea where appropriate.

How long does a plea hearing take?

A typical PTPH lasts between 30 minutes and an hour, though contested or complex matters can take longer. The arraignment itself, where you actually enter your plea, is a matter of minutes. The remaining time covers case management directions and any preliminary legal arguments.

You should expect to be at court for at least half a day. Cases are listed in batches and the court works through them in order, so there can be waiting time. Your solicitor or barrister will normally meet you before the hearing to talk through the indictment and confirm your plea.

Reduction in sentence for a guilty plea

The Sentencing Council's reduction in sentence for a guilty plea guideline sets out a tiered system. The earlier the guilty plea, the larger the available reduction:

• A guilty plea at the first stage of proceedings (typically the PTPH, or the Magistrates' Court for either-way offences) attracts a reduction of up to one third.
• A guilty plea after the first stage but before the start of trial attracts a reduction of up to one quarter.
• A guilty plea on the first day of trial typically attracts a reduction of around one tenth, sliding lower as the trial progresses.

Limited exceptions apply. For example, the minimum sentence framework for certain firearms offences and Class A drug trafficking, and the three-strike rule for domestic burglary, restrict the available reduction. Your barrister will advise on what reduction realistically applies in your case.

What happens between PTPH and trial: the warned list

For most Crown Court trials, the court does not give a fixed start date at PTPH. Instead, the case goes onto the warned list: a window during which the trial may be called on. You are told the start of your warned list period, and your solicitor checks the court listings each afternoon to see when your case is fixed for the following day.

In practice, this means:

• You stay reachable throughout the warned list period.
• Witnesses are warned to be available.
• The case can be called on at short notice, sometimes the next morning.

Waiting times between PTPH and trial vary considerably between court centres, and defendants are often waiting many months. Your solicitor can apply for an earlier listing, or for a transfer to a different court, where there are good reasons (a defendant in custody on remand, a vulnerable witness, or unusual delay).

How a Crown Court trial works, stage by stage

A contested Crown Court trial follows a defined sequence. Understanding each stage helps you know what to expect on the day and what role your defence team is playing.

Jury selection and the role of the jury

A jury of 12 is selected at random from a panel summoned to court that day. Both sides have limited rights to challenge jurors, and the judge checks for any conflicts of interest. Once selected, the jurors are sworn in.

The jury decides the facts. The question for them is whether the prosecution has proved guilt beyond reasonable doubt. The judge decides the law and directs the jury on how to apply it.

The prosecution’s case

The prosecution opens with a speech to the jury, setting out the case and what they intend to prove. They then call witnesses, who give evidence first under questioning by the prosecution (examination-in-chief), then under cross-examination by your barrister. Written evidence and exhibits, including documents, CCTV, and forensic reports, are presented during this stage.

Submission of no case to answer

After the prosecution closes its case, your barrister can ask the judge to find that there is no case to answer. The test, set out in R v Galbraith, is whether a properly directed jury could properly convict on the evidence the prosecution has produced. The judge decides this in the absence of the jury.

If the submission succeeds on a charge, the judge directs the jury to return a not guilty verdict on that charge and the trial proceeds (or ends) accordingly.

The defence case

If the trial continues, the defence opens with the defendant's evidence (if you choose to give evidence; you cannot be compelled to). You are examined by your own barrister and cross-examined by the prosecution. The defence then calls any other witnesses, who follow the same pattern.

You do not have to give evidence. The judge will direct the jury on what they may make of any decision not to do so. Whether to give evidence is one of the most important tactical decisions in a trial and should be discussed in detail with your barrister.

Closing speeches and the judge's direction to the jury

Both sides make a closing speech to the jury, prosecution first, then defence. The judge then sums up the evidence and directs the jury on the law: the elements of each offence, the burden and standard of proof, and how to approach the evidence. The jury then retires to consider its verdict.

How does the jury reach a verdict?

The jury must initially try to reach a unanimous verdict on each charge. If they cannot, after a sufficient period, the judge may give a majority direction allowing a verdict on which at least 10 of the 12 jurors agree (10 to 2, or 11 to 1). Where the jury has fallen below 12 through the discharge of jurors, different majority thresholds apply.

If the jury cannot agree even on a majority basis, this is a hung jury. The prosecution then decides whether to seek a retrial in front of a fresh jury.

If the verdict is not guilty, you are acquitted and free to leave. If the verdict is guilty, the judge moves to sentencing, sometimes immediately, more often after an adjournment for a pre-sentence report.

What happens at sentencing in the Crown Court

Sentencing is decided by the judge, applying the relevant Sentencing Council guideline for the offence. The judge looks at:

• The offence category and the starting point under the applicable guideline.
• Aggravating and mitigating factors specific to the offence and to you.
• Any guilty plea reduction.
• Time spent on remand, which counts towards a custodial sentence.
• Whether the sentence should be immediate custody, a suspended sentence, a community order, or a fine.

Your barrister makes submissions in mitigation before the judge passes sentence. Mitigation can cover personal circumstances, remorse, the impact of conviction on dependants, rehabilitation steps already taken, and any other matter the guideline allows the court to take into account.

Pre-sentence reports

A pre-sentence report is prepared by the Probation Service. It assesses risk, the suitability of different sentencing options, and any rehabilitation needs. The judge will normally adjourn for a pre-sentence report when the case is borderline between custody and a community order, when a suspended sentence with requirements is in prospect, or where the sentencing options are otherwise complex. Probation will interview you in custody or in the community, depending on your bail status.

How long does sentencing take on the day?

The sentencing hearing itself usually lasts between 20 minutes and an hour. Cases involving multiple defendants or complex mitigation can run longer. The structure is:

• The prosecution opens the facts and any victim impact material.
• Your barrister makes submissions in mitigation.
• The judge passes sentence and gives reasons.

If you are sentenced to immediate custody, you are taken straight to the cells after the sentence is passed. If you receive a non-custodial sentence (community order, suspended sentence, or fine), you can leave court the same day, though Probation may want to see you the same afternoon to start the order.

How much does a Crown Court trial cost, and is legal aid available?

Costs depend on the seriousness of the case, the number of hearings, and the time spent in trial preparation. Privately funded fees scale with the complexity of the matter.

Legal aid is available for criminal cases at the Crown Court. Eligibility depends on your means (income and capital) and the interests of justice test. Means thresholds and contribution rules are published on GOV.UK. If you are eligible, the cost of your defence is covered, subject to any required contribution.

If a solicitor represented you under legal aid at the Magistrates' Court and you want them to continue at the Crown Court, you may need a transfer of legal aid.

Can the public attend Crown Court?

Most Crown Court hearings are held in open court and members of the public can attend. There are exceptions:

• Cases involving children, or where reporting restrictions apply, may be heard partly or wholly in private.
• Public Interest Immunity hearings and certain sensitive applications are held in private.
• The court can clear the public gallery in specific circumstances, for example, to protect a vulnerable witness.

Daily court lists for each Crown Court centre are published through HM Courts and Tribunals Service (HMCTS), and the court office can confirm whether a particular case is being heard.

Frequently asked questions

Will I go to prison straight from a plea hearing?

You can be remanded in custody at a plea hearing if you plead guilty and the judge sentences you on the day, or if your bail is revoked. In most cases, the judge adjourns for a pre-sentence report, and bail is either continued or you are remanded pending sentencing.

Do I have to give evidence at my own trial?

No. You have the right to remain silent at trial. The jury can be directed on what they may infer from a decision not to give evidence, so the choice is tactical and should be discussed with your barrister at every stage.

What is a hung jury?

A hung jury is a jury that cannot reach an agreed verdict, even on a majority basis (at least 10 to 2). The prosecution then decides whether to seek a retrial in front of a fresh jury or to offer no evidence.

Can I change my plea after I have entered it?

You can apply to change a not guilty plea to guilty at any stage, though the available sentence reduction is lower the later you do so. Changing a guilty plea to not guilty is more difficult and usually requires showing that the original plea was equivocal or entered under improper pressure.

What is the warned list and how does it work?

The warned list is a window during which your trial may be called on at short notice, sometimes the next day. You are told the start of your warned list period, and you and your witnesses must stay reachable throughout. Your solicitor checks listings each afternoon to confirm the case is fixed.

Speak to our Crown Court defence team

Crown Court proceedings move quickly once a case is sent up from the Magistrates' Court, and the decisions you make at the first hearing, particularly on plea, can substantially affect the eventual outcome. Early, specialist advice from a criminal defence solicitor with Crown Court experience makes a measurable difference.

JD Spicer Zeb's criminal defence team represents clients at Crown Courts across England and Wales, in cases ranging from serious assault and drug supply to fraud, sexual offences, and homicide. Our partners have decades of trial advocacy experience and are accredited under the Law Society's Criminal Litigation Accreditation Scheme.

For urgent specialist advice, immediate representation or to speak to us confidentially about the Crown Court procedure, or Crown Court trial stages, please do not hesitate to contact our dedicated team of specialist Crown Court solicitors in London, Birmingham or Manchester on telephone:

• London Central - Head Office: 020 7624 7771
• West Hampstead Office: 020 7624 7771
• Manchester Office: 0161 835 1638
• Birmingham Office: 0121 614 3333

Or email: solicitors@jdspicer.co.uk

Alternatively, you can fill out our quick online enquiry form for advice about the Crown Court trial process and we will get back to you as soon as possible.

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For immediate representation and advice about the Crown Court procedures, you can contact our Emergency Number: 07836 577 556, and we will provide you with the urgent assistance you need.